PRODUCT LIABILITY
A person injured by a product may bring a claim for injuries and/or death under theories of strict liability and/or negligence. Punitive damages are available if malice or deliberate indifference are proven. Claims must be brought within three years of the date of injury(Wisconsin has a discovery rule) or the claim will be barred by Wisconsin's statute of limitations.
Wisconsin has a hybrid comparative fault scheme. After verdict, a plaintiffs fault is compared to that of each individual defendant. Plaintiff can only recover against a defendant that is equally or greater in percentage at fault. Joint and several liability only applies to a defendant found to be greater than fifty percent at fault.
Death claims are governed by Wisconsin's wrongful death statute, section 895.04,Wis. Stats. Damages for loss of consortium are limited to $350,000 for adults and $500,000 for children. Punitive damages are also not available in wrongful death actions and are thus only available in death cases where there was conscious pain and suffering prior to death.
General Advice for Victims of Defective Products
If you or a loved on is seriously injured and you suspect that a defective product caused the accident or injuries, then you should immediately consult an attorney concerning your rights even if you don't think you want to sue. Often people don't go to an attorney because they don't want to sue. Months or years later people often change their mind when the long term consequences of the injury becomes apparent and/or they learn that the manufacturer of the product knowingly produced a defective product placing profits before safety.
A lawsuit for a defective product can not usually be brought if the product has been thrown away or lost. Thus, if you believe a defective product caused an accident or injuries you should immediately consult with an attorney and have the product stored under lock and key.
Insurance companies and others often seek to take recorded statements from witnesses, victims and family. You should not give such statements without the advice of an attorney.
A case will become more difficult to prosecute as time elapses. Evidence disappears. Witness recollections change.
Attorney John C Cabaniss has prosecuted and tried to verdict a wide variety of product liability cases in more than thirty states. His experience as a General Motors engineer and his trial experience uniquely qualify him to handle product cases. Representative case descriptions are included below with information and documents intended to assist attorneys in the prosecution of similar cases. Attorney Cabaniss is committed to sharing discovery materials with other plaintiffs attorneys. This website is designed to facilitate that objective. Also below is a brief overview of Wisconsin's product liability law for your reference. Finally advice for victims and their families is included.